Board of Supervisors Minutes

July 2003

July 1, 2003:

On Tuesday, July 1, 2003, a regular meeting of the Board of Supervisors was not held. Supervisor Hickey and Auditor Hunt performed a cash count in various offices before beginning fiscal year 2003/2004. The count is on file in the Auditor's Office.

July 3, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, July 3, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. motion was made by Aistrope to approve the renewal of a cigarette license for Sapp Brothers, a new cigarette license for Crossroads Travel Center and a new application for liquor license for Crossroads Travel Center. Larson, aye; Aistrope, aye; Hickey, aye.

At 9:10 a.m. motion was made by Larson to authorize Hickey to sign a letter of support for Grape Community Hospital for community support for essential community projects financed by USDA Rural Development for a central plant upgrade project. Aistrope, aye; Hickey, aye; Larson, aye.

At 9:15 a.m. Recorder Margaret Henkle and Treasurer Judy Crain met with the Board. They presented letters to request that an Information Technology Department be developed. Presently the Data Processing Coordinator is working for and is employed by Auditor Lucille Hunt. Henkle said the position of Data Processing Coordinator has developed into a vital part of the county system. Crain said that although this position is included in the Auditor's department, Arnold assists all departments. Auditor Hunt agreed that an Information Technology Department be established with the Department acting on its own at the discretion of the Board of Supervisors and not the Auditor. Henkle said in her department alone Arnold has saved many dollars due to the fact that he installs equipment and programs without the trip being made by Solutions. Arnold handles all system problems. She said that the Recorders Association is being required by the State to comply with the e-commerce law passed in 2002. Effective July 2003, we will be collecting $5.00 per document to help fund the equipment and programs necessary for our information to be on line and that she needs Arnold to see that we have all necessary equipment and programs to get this going. Henkle said that this is a specialized field and Arnold has the knowledge and expertise to handle Fremont County's needs and is continually growing in his knowledge of our ever-growing technology needs for the future. Crain said that Arnold has been invaluable to the Treasurer's Office and has assisted with the ISACTA website updates, Fremont County websites updates and troubleshooting for both sites. He has installed her programs and equipment. He also assists with the DOT computers and printers and enabled the Treasurer's Department to put the delinquent tax list on our website. She said other counties without IT personnel were envious. Crain said the county saves money by having Arnold as an IT person and requests that he have the position of IT Department head and not be under the umbrella of a single department. Supervisor Larson said he sees no problem with having an Information Technology Department as it is now an ISAC Affiliate and he is already working with all departments. Auditor Hunt said he already has his own budget and is responsible for the Information Technology Budget so it would be no problem to separate it from the Auditor's Office. Aistrope moved to transfer the Data Processing Department from the Auditor's Office to the Information Technology Department with the Information Technology Director, Arnold Emberton, reporting to the Board of Supervisors as this will ensure that in the future the Information Technology Department will be available to all departments. Larson, aye; Aistrope, aye; Hickey, aye.

At 9:45 a.m. Jim Owen, Assistant to the Engineer, met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a ROW Use Permit for John W. Aistrope, Tabor, Iowa, to clean out a ditch on 300th Avenue. Larson, aye; Aistrope, aye; Hickey, aye.

At 11:00 a.m. a public hearing was held to approve the sale of a house to be moved at 809 Ohio Street in Sidney, Iowa. There were no objections to the proposal.

RESOLUTION NO. 2003-54

A RESOLUTION APPROVING THE SALE OF A ONE STORY, 3 BEDROOM HOUSE, (to be moved) LOCATED AT 809 OHIO STREET, SIDNEY, IOWA 51652

WHEREAS, the Fremont County Board of Supervisors received a bid of $500.00 for the one story, 3 bedroom house, "as is", located at 809 Ohio Street, Sidney, Iowa 51652, and

WHEREAS, the house is to be moved or torn down within 90 days of acceptance of this bid and the house must be paid for within 10 days after this bid has been accepted and the bidder will furnish liability insurance, and

WHEREAS, the other bidders had the opportunity to place a bid and/or raise their bid until the house was sold with the Board of Supervisors having the right to reject any and all bids, and

WHEREAS, Iowa Code Section 331.361 requires the Board of Supervisors to hold a public hearing prior to approving the proposal, and the Public Hearing was held at 11:00 a.m. on July 3, 2003, at the Boardroom pursuant to timely notice of public hearing, and

THEREFORE, BE IT RESOLVED, the sale of the above described property as hereinbefore set out, is hereby approved, pursuant to the public notice previously published, timely publication of notice of public hearing and public hearing on the proposal

Passed this 3rd day of July, 2003.

Moved by Larson.

ATTEST:

/s/ Lucille Hunt                                               /s/ Keith Hickey, Chairman    aye
Fremont County Auditor                              /s/ David Aistrope                   aye
                                                                       /s/ Chuck Larson                      aye

At 11:30 a.m. discussion was held in regards to the funding shortfall for credits listed in 25B.7(2). The Fremont County Auditor was notified by the Department of Revenue in compliance with the Code of Iowa Section 25B.7 that they are estimating the appropriations contained in Senate File 458 as enacted by the 2003 regular session of the Iowa General Assembly that the state will fund 85% of the value of the Homestead Credit, 98% of the value of the Military Service Property Tax Exemption and 40% of the value of the Elderly & Disabled Tax Credit - including Mobile Home, Special Assessment and Property Credits for fiscal year 2003/2004. In accordance with the Code of Iowa section 25B7, the county is required to extend to the taxpayer only that portion of the credit funded by the state appropriation. The state has already cut $71,000 from the 2003/2004 budget in the General Basic Fund for Fremont County. Also, legislature was passed to eliminate M & E taxes which generated more than $400,000 in Fremont County. Motion was made by Larson to extend to the taxpayer only the portion of the credit funded by the state appropriation. Hickey, aye; Larson, aye.

In other business, correspondence was forwarded to Brent Parker, DNR, that the Board of Health has appointed Larry Aspedon as Fremont County Sanitarian and all correspondence should be directed to Mr. Aspedon.

The following claims were approved for July 4, 2003.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

July 8, 2003:

On Tuesday, July 8, 2003, a regular meeting was not held.

July 10, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, July 10, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

Motion was made by Aistrope to authorize Chairman Hickey to sign the renewal of a cigarette permit for Sidney Foods. Larson, aye; Aistrope, aye; Hickey, aye.

Chairman Hickey telephoned and asked Bart Bartholomew, Emergency Management Director, to meet with the Board in regards to a disaster drill at the Courthouse on Sunday, July 13, 2003. Bartholomew said they planned to use simulated smoke fogger in the Courthouse. The Board asked him not to do that as it was learned that it would set off the fire alarm system in the Courthouse. The alarm system would then need to be recalibrated by the fire system engineer. Bartholomew said they would not release the fake smoke.

In other business, payroll for July 11, 2003 was approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

July 15, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, July 15, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:15 a.m. an application for Class C Liquor License and Sunday Sales was approved for Kimmy Enterprises dba Tall Corn.

At 9:30 a.m. the following resolution was approved.

RESOLUTION NO. 2003-55

Resolution Establishing a Local Office Fee for Uniform Commercial Code (UCC) Information Request

WHEREAS, pursuant to Iowa Code 554.9525(3) a resolution must be adopted to set the fee for responding to a request for information from the filing office, and

WHEREAS, the fee for responding to a request communicated in writing must not be less than twice the amount of the fee for responding to a request communicated by another medium authorized by the Board of Supervisors for the filing office.

NOW THEREFORE, BE IT RESOLVED by the Board of Supervisors from Fremont County, Iowa, that the fee for a Uniform Commercial Code information request shall be $5.00 for each debtor name being requested if the request form is supplied, and $6.00 for each debtor name requested if the filing office supplies the form. The fee for a copy of a filed UCC is $1.00 per page.

/s/ Lucille Hunt                                          /s/ Keith Hickey, Chairman       aye
Fremont County Auditor                          /s/ David Aistrope                      aye
By June Hardy, Asst. Auditor                 /s/ Chuck Larson                         aye

At 10:00 a.m. Shirley Fredrickson of Golden Hills RC & D met with the Board. She explained that the Loess Hills Scenic Byway Council applied for and received a Scenic Conservation/Land Use grant from the Federal Highway Administration. The goal of the Scenic Byway Council and Golden Hills RC & D is to encourage implementation of special considerations for the Loess Hills landform in their Comprehensive Land Use Plan.

She stated that they would provide funding to the County to assist in completion of the County Comprehensive Plan and the corresponding Planning and Zoning Ordinances. Funding from the Loess Hills Scenic Byway Council will be approximately $30,000-$35,000. The County must provide a minimum of $12,000 cash match to receive the grant funding. Motion was made by Aistrope to explore the cost of the Comprehensive Plan and Planning and Zoning Ordinance. Larson, aye; Hickey, aye; Aistrope, aye.

In other business, the Sheriff's Monthly Report of Fees Collected was approved. Claims were approved for July 18, 2003.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

July 17, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, July 17, 2003, in the Fremont County Courthouse, Boardroom, with Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. County Engineer Dan Davis met with the Board. Motion was made by Larson to approve the following resolution. Aistrope, Aye; Larson, aye.

FARM-TO-MARKET REVIEW BOARD APPLICATION RESOLUTION

Fremont County Resolution No. 2003-56

WHEREAS, a county may apply for modification to its farm-to-market system to add or subtract mileage from its system, to accept or delete highways gained or lost through jusidictional transfers, or to change the classification of roads within its system, and

WHEREAS, the Board of Supervisors of Fremont County has consulted with its County Engineer and desires to modify its farm-to-market road system to provide continuity of intracounty and intercounty routes, to meet the needs of existing or potential traffic, to better meet land use needs, or to provide a more suitable location for farm-to-market route, and

WHEREAS, application for modifications to any county's farm-to-market system must be made to the Farm-to-Market Review Board per the requirements of Iowa Code Section 306.6,

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF FREMONT COUNTY that this county is formally requesting that the Farm-to-Market Review Board approve the following modifications to its farm-to-market system:

Adding 35.90 miles to the FM system from the IDOT's Transfer of Jurisdiction roads, which include:

Highway 184 (15.04 miles) which carries a large volume of traffic from Highway 59 to Highway 275. Not only does this road carry a lot of traffic, it has also become a shortcut to I-29 for heavy trucks and residents in Shenandoah and Page County.

Highway 145 (7.41 miles) which carries the most traffic in the county system. This is the main link to the County Bluffs/Omaha Metro area. We have many commuters that work in the Metro and most people use this route to go to the Metro area for all sorts of activities.

Highway 239 (0.51 miles) which is the entrance into Waubonsie State Park. The park entrance carries enough traffic that we feel it warrants being on the system. It is used year round, and many RV's and campers use the facilities at the park. This route carries many out of state vehicles.

Highway 333 (12.94 miles) which carries a large volume of traffic from Highway 59 to Highway 275. Not only does this road carry a lot of traffic, it has also become a shortcut for residents in Page County and in northern sections of Missouri to I-29.

Removing 17.187 miles from the current system because of usage and Adding 14.093 miles where modifications of the present system make more sense for the continuity of the whole system, which includes:

Remove L54 (3.034 miles) from Highway 184 to J32 in Green Township.
Remove L70 (6.980 miles) from Highway 184 to J26 in Riverside Township.
Remove part of J34 (0.628 miles) from J40 West in Fisher Township.
Remove portion of M18 (4.022 miles) from J46 to M18 in Fisher Township.
Remove J60 (2.523 miles) from Highway 59 to J56 in Locust Grove Township.

Add J32 (4.024 miles) from L68 to M16 Prairie and Walnut Townships, which is old Highway 2.
Add M18 (3.015 miles) from Highway 333 to J56 in Locust Grove Township.
Add L72 (3.512 miles) from Highway J56 to Highway 59 in Locust Grove Township.
Add J56 (1.510 miles) from J56 to Highway 59 in Locust Grove Township.
Add M18 (2.032 miles) from J46 to M18 in Fisher Township.

The net total increase in requested Farm-to-Market system is 32,806 miles.

The Board of Supervisors of Fremont County, in lawful session this 17th day of July, 2003, hereby adopts this farm-to-market modification resolution.

Recommended: Approved:

/s/ Daniel R. Davis                                           Keith Hickey, Chairman             absent
Fremont County Engineer                         /s/ David Aistrope, Vice Chairman aye
ATTEST:                                                     /s/ Chuck Larson                               aye
/s/ Lucille Hunt
Fremont County Auditor
By June Hardy, Asst. Auditor
In other business, the Treasurer's Semi-Annual Report was approved.

At 9:30 a.m. Heidi Stewart met with the Board and the following resolution was approved.

RESOLUTION NO. 2003-57

RESOLUTION TO DESTROY OLD CHECKS FOR THE FREMONT COUNTY TREASURER

The checking account #715052 at Citizens Bank has been closed, therefore, all checks pertaining to this account need to be destroyed. The checks from First State Bank checking account are printed with the prior Treasurer's name, Christine M. Sheldon, on them, therefore all checks pertaining to this account need to be destroyed. The listings of the checks to be destroyed are as follows:

Citizens Bank 2005 to 2299
First State Bank 124 to 275

IT IS HEREBY RESOLVED that all checks pertaining to the above-mentioned accounts shall be destroyed by shredding.

BE IT FURTHER resolved that the Treasurer shall carry out the orders above.

Dated this 17th day of July, 2003.

Motion by Larson, seconded by Aistrope, carried unanimously.

ATTEST:

/s/ Lucille Hunt                                              Keith Hickey, Chairman              absent
Fremont County Auditor                         /s/  David Aistrope, Vice Chairman aye
By June Hardy, Asst. Auditor                /s/  Chuck Larson                                aye

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                        David Aistrope, Vice Chairman

July 22, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, July 22, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. Treasurer Judy Crain met with the Board. The following resolution was approved.

RESOLUTION TO DISBURSE FEDERAL FUNDS IN LIEU OF TAXES -

WHEREAS, United States Treasury has issued a check for payment in lieu of taxes for federally owned entitlement land as authorized by public law 97-258 in the amount of $1,495.00.

WHEREAS, public law 97-258 states "a unit may use the payment for any governmental purpose."

BE IT RESOLVED, that the Fremont County Board of Supervisors does hereby authorize the Fremont County Treasurer to deposit said funds in Fund 62000 - Property Tax Agency Fund until all taxes have been certified to the Treasurer for collection. At that time, said funds shall first pay outstanding taxes and drainage assessments of United States of America and any remaining funds are to be deposited in the general basic fund.

The above Resolution made by Aistrope. This Resolution passed this 22nd day of July, 2003.

ATTEST:

/s/ Lucille Hunt                                                 /s/ Keith Hickey, Chairman aye
Fremont County Auditor                                  /s/ David Aistrope                aye
                                                                           /s/ Chuck Larson                    aye

At 10:00 a.m. the following resolution was approved.

RESOLUTION NO. 2003-58

RESOLUTION PROVIDING FOR A PUBLIC HEARING AND PUBLICATION OF NOTICE ON AN APPLICATION FOR A SPECIAL USE PERMIT

WHEREAS, the Zoning Commission held a Public Hearing on July 8, 2003, concerning two Special Use Permits as follows:

Application #1: Special Use Permit - The proposed Special Use will be as follows:

A 250 self-supporting telecommunications tower

The location of the property upon which the application for a Special Use Permit has been made is described as follows:

The East Half of the Northeast Quarter of Section Twenty-nine, Township Sixty-eight North, Range Forty-three West of the 5th P.M., in Fremont County, Iowa, except the following described tract: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, thence South 500 feet, thence West 395 feet, thence North 500 feet, thence East 395 feet to the Point of Beginning, and subject to existing easement for highway purposes to the State of Iowa.

Lease Description: A tract of land located in the Northeast Quarter of Section 29, Township 68 North, Range 43 West, in Fremont County, Iowa, being more particularly described as follows: Commencing at the Southeast Corner of said Northeast Quarter thence North 033405" East along the East line of said Northeast Quarter a distance of 25.76 feet; thence North 862555" West leaving said East line a distance of 60.00 feet to the Point of Beginning of the tract of land to be described; thence continuing North 862555" West a distance of 50.00 feet; thence North 033405" East a distance of 50.00 feet; thence South 862555" East a distance of 50.00 feet; thence South 033405" West a distance of 50.00 feet to the Point of Beginning. Contains 2,500 square feet or 0.057 acres, more or less.

Application #2: Special Use Permit - The proposed Special Use will be as follows:

A 240 self-supporting telecommunications tower

The location of the property upon which the application for a Special Use Permit has been made is described as follows:

A parcel of land located in part of the NW SW of Section 4, Township 69 North, Range 43 West of the 5th P.M., Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the West Quarter corner of said Section 4; thence S000000"E along the West Line of said NW SW a distance of 338.63 feet to the point of beginning, thence continuing S000000"E along said West Line a distance of 852.81 feet to the Southwest corner of said NW SW ; thence N894812"E along the South Line of said NW SW a distance of 416.86 feet; thence N000000"E parallel with the West Line of said NW SW a distance of 855.07 feet, thence S862934"W a distance of 416.87 feet to the point of beginning. Said parcel contains 8.17 acres, more or less, including presently established county road right-of-way.

and

The North 365 feet of Parcel A of the Northwest Quarter of the Southwest Quarter (NW SW ) of Section Four (4), Township Sixty-nine (69) North, range Forty-three (43) East of the 5th P.M., Fremont County, Iowa.

Lease Description: A tract of land located in the Southwest Quarter of Section 4, Township 69 North, Range 43 West, Fremont County, Iowa, being more particularly described as follows: Commencing at the Northwest Corner of said Southwest Quarter; thence South 010716" West along the West Line of said Southwest Quarter a distance of 1100.01 feet; thence South 885244" East leaving said West Line a distance of 326.86 feet to the Point of Beginning of the tract of land to be described; thence continuing South 885244" East a distance of 60.00 feet; thence South 010716" West a distance of 60.00 feet; thence North 885244" West a distance of 60.00 feet; thence North 010716" East a distance of 60.00 feet to the Point of Beginning, contains 3,000 square feet or 0.063 acres, more or less.

Lease Description: A tract of land located in the Southwest Quarter of Section 4, Township 69 North, Range 43 West, Fremont County, Iowa, being more particularly described as follows: Commencing at the Northwest Corner of said Southwest Quarter; thence South 010716" West along the West Line of said Southwest Quarter a distance of 1100.01 feet; thence South 885244" East leaving said West Line a distance of 326.86 feet to the Point of Beginning of the tract of land to be described; thence continuing South 885244" East a distance of 60.00 feet; thence South 010716" West a distance of 60.00 feet; thence North 885244" West a distance of 60.00 feet; thence North 010716" East a distance of 60.00 feet to the Point of Beginning, contains 3,000 square feet or 0.063 acres, more or less.

Applicant for both proposed Special Use Permits are as follows:

AT & T Wireless
118 South 19th Street
6th Floor
Omaha, Nebraska 68102

Consultant for both proposed Special Use Permits are as follows:

American Tower Corporation
11600 96th Ave. N
Maple Grove, MN 55369

WHEREAS, the Zoning Commission considered the applications and voted to recommend the issuance of the Special Use permits.

THEREFORE, be it resolved that a Public Hearing shall be held on the 29th day of July, 2003, at 10:00 a.m., at the Fremont County Courthouse, Boardroom, Sidney, Iowa, concerning the application for a Special Use Permit as recommended by the Zoning Commission, as provided for in the Zoning Ordinance of Fremont County, Iowa, and that the notice of the hearing shall be published as provided by the Iowa Code Section 331.361(2). The Fremont County Auditor is directed to publish a notice of public hearing in the Sidney Argus Herald once, at least four days but not more than twenty days before the date of the public hearing.

Motion to approve made by Aistrope.

ATTEST:

/s/ Lucille Hunt                                                 /s/ Keith Hickey, Chairman aye
Fremont County Auditor                                  /s/ David Aistrope                aye
                                                                           /s/ Chuck Larson                    aye

In other business, payroll for July 25, 2003 was approved.

There being no further business, the meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

July 29, 2003:

The Fremont County Board of Supervisors met in regular session on Tuesday, July 29, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

Kathy Kahue stopped in to visit with the Board and stated that Golden Hills RC & D is applying to Iowa West for a grant for the Interpretive/Welcome Center. She said that the Board of Supervisors would need to write a letter of intent explaining the proposal, and if approved, an application would be sent. Kathy will be put on the agenda for August 5.

At 9:00 a.m. Dan Davis met with the Board. Motion was made by Aistrope to authorize Chairman Hickey to sign a Right of Way Contract for 290th Avenue Project. Aistrope, aye; Larson, aye; Hickey, aye.

CONTRACT

THIS AGREEMENT made and entered into by and between Stanley Leroy Orton, hereinafter called "Grantor", and Fremont County, Iowa, hereinafter called "Grantee".

WITNESSETH: that Grantor hereby agrees to furnish to Grantee a permanent easement for public right of way, real estate situated in the City of Sidney, Fremont County, Iowa, designated as Parcel No. 2 of Fremont County Project No. L-7-25-2 as more fully described on the Acquisition Plat attached hereto, upon the following terms:

1. TOTAL PURCHASE PRICE, which Grantee agrees to pay the Grantor for a permanent easement constituting, said Parcel No. 2: 0.14 acres at $2600 per acre, the sum of $364.00.

2. TEMPORARY EASEMENT FOR CONSTRUCTION. During the period of time that the aforesaid project is under construction Grantee shall have the right, in connection with construction, to enter upon such area, if any, as is designated on the Acquisition Plat as "Temporary Easement" for a sum of $0.00, n/a. Upon completion of such construction, Grantee shall restore temporary easement area to its original condition.

3. POSSESSION is the essence of this agreement and Grantee may take immediate possession of said parcel upon the execution of this contract by both Grantor and Grantee.

4. OTHER DAMAGES. Grantee agrees to pay grantor a lump sum amount if construction work on the project begins before the harvesting of the crops in the easement area. The damaged crop area will be measured and a mutual amount agreed upon between the grantor and the grantee will be paid at that time. The grantee will install two (2) field entrances along the project at locations approved by the grantor. The grantee will pay for all costs of the entrance construction.

5. PAYMENT FOR EASEMENT. Upon payment of all sums owing by the Grantee to the Grantor by virtue of this contract in the total amount of $364.00, which payment shall be made within thirty days after both Grantor and Grantee have executed this contract. Grantor shall contemporaneously execute and deliver to Grantee a Permanent Easement to said parcel.

6. LIENS. In the event that said parcel is burdened by the lien of a mortgage, judgment, or other encumbrances, Grantor and Grantee agree to fully cooperate in securing a release of such lien from said parcel, and if necessary and proper, Grantor agree that any part of the sum owing to them under this contract may be paid to the holder of such lien for such release.

Signed this 24th day of July, 2003. Signed this 29th day of July, 2003

/s/ Stanley Leroy Orton                             FREMONT COUNTY IOWA
(Grantor)                                                     /s/ Keith Hickey, Chairman
APPROVAL RECOMMENDED             Board of Supervisors

/s/ Daniel R. Davis (Grantee)
Fremont County Engineer                         ATTEST:
                                                                     /s/ Lucille Hunt
                                                                     Fremont County Auditor
                                                                     By June Hardy, Asst. Auditor

At 9:30 a.m. County Attorney Vicki Danley met with the Board for discussion of tax sale certificate property. Treasurer Judy Crain was also present. Vicki will review the property and get back to the Board.

The following resolution was approved.

RESOLUTION NO. 2003-60

RESOLUTION TO DESTROY OLD RECORDS

BE IT HEREBY RESOLVED by the Fremont County Board of Supervisors this 29th day of July, 2003, that the Auditor be authorized to destroy the following records.

Cancelled Warrants: 1979 - 1994; Claims Paid 1978 - 1994; Unused Ballots: Primary Election - June 2000;

Sidney City Election - November 2001; IWCC Public Measure - March 2002; F-M School Public Measure - December 2001.

Motion by Aistrope.

ATTEST:

/s/ Lucille Hunt                                           /s/ Keith Hickey, Chairman     aye
Fremont County Auditor                           /s/ David Aistrope                    aye
By June Hardy, Asst. Auditor                  /s/ Chuck Larson                       aye

At 10:00 a.m. a public hearing was held on two applications for special use permits as recommended by the Zoning Commission for AT & T Wireless to construct communication towers. Mark Holm of American Tower Corporation was present on behalf of AT & T Wireless. No one was present to object and no written objections were received.

Motion was made by Larson to approve the following resolution: Aistrope, aye; Larson, aye; Hickey, aye.

RESOLUTION NO. 2003-61

WHEREAS an application has been received and a public hearing held on July 8, 2003 by the Fremont County Zoning Commission for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa, and,

WHEREAS the Zoning Commission has reported to the Board recommending issuance of said Special Use Permit.

NOW THEREFORE BE IT RESOLVED that a permit is granted to the party for the Special Use on the piece of property designated in the attached Special Use permit form.

This resolution hereby authorizes the Chairman of the Board of Supervisors to execute the attached Special Use Permit.

Dated this 29th day of July, 2003. Motion to adopt resolution made by Larson.

ATTEST:

/s/ Lucille Hunt                                             /s/ Keith Hickey, Chairman
Fremont County Auditor                             /s/ David Aistrope
By June Hardy, Asst. Auditor                    /s/ Chuck Larson

SPECIAL USE PERMIT

The Fremont County, Iowa, Board of Supervisors pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorizes the following special use:

To construct and operate a 250' communications tower and associated ground equipment for AT & T Wireless. Tower to be designed for multiple carriers with a fenced compound around it.

The special use shall be located on the following property:

The East half of the Northeast Quarter of Section Twenty-nine, Township Sixty-eight North, Range forty-three West of the 5th P.M., in Fremont County, Iowa, except the following described tract: Commencing at the Northeast Corner of the Northeast Quarter of Section 29, thence South 500 feet, thence West 395 feet, thence North 500 feet, thence East 395 feet to the Point of Beginning, and subject to existing easement for highway purposes to the State of Iowa. Lease Description: A tract of land located in the Northeast Quarter of Section 29, Township 68 North, Range 43 West, in Fremont County, Iowa, being more particularly described as follows: Commencing at the Southeast Corner of said Northeast Quarter thence North 03 34'05" East along the East line of said Northeast Quarter a distance of 25.76 feet; thence North 86 25'55" West leaving said East line a distance of 60.00 feet to the Point of Beginning of the tract of land to be described; thence continuing North 86 25'55" West a distance of 50.00 feet; thence North 03 34'05" East a distance of 50.00 feet; thence South 86 25'55" East a distance of 50.00 feet; thence South 03 34'05" West a distance of 50.00 feet to the Point of Beginning. Contains 2,500 square feet or 0.057 acres, more or less.

The owner of the special use facility is: AT & T Wireless, 118 South 19th Street, 6th Floor, Omaha, Nebraska 68102.

Date of issuance 7-29-03.

/s/ Keith Hickey, Chairman
Board of Supervisors

Motion was made by Aistrope to approve the following resolution: Larson, aye; Aistrope, aye, Hickey, aye.

RESOLUTION NO. 2003-62

WHEREAS an application has been received and a public hearing held on July 8, 2003 by the Fremont County Zoning Commission for a Special Use Permit as allowed under the Zoning Ordinance of Fremont County, Iowa, and,

WHEREAS the Zoning Commission has reported to the Board recommending issuance of said Special Use Permit.

NOW THEREFORE BE IT RESOLVED that a permit is granted to the party for the Special Use on the piece of property designated in the attached Special Use permit form.

This resolution hereby authorizes the Chairman of the Board of Supervisors to execute the attached Special Use Permit.

Dated this 29th day of July, 2003. Motion to adopt resolution made by Aistrope.

ATTEST:

/s/ Lucille Hunt                                         /s/ Keith Hickey, Chairman
Fremont County Auditor                         /s/ David Aistrope
By June Hardy, Asst. Auditor                /s/ Chuck Larson

SPECIAL USE PERMIT

The Fremont County, Iowa, Board of Supervisors pursuant to the provisions of the Fremont County Zoning Ordinance and Chapter 335 of the 2001 Code of Iowa, as amended, hereby authorizes the following special use:

To construct and operate a 245' self-supporting communications tower and associated ground equipment for AT & T Wireless. Tower to be designed for multiple carriers with a fenced compound around it.

The special use shall be located on the following property:

A parcel of land located in part of the NW 1/4 SW 1/4 of Section 4, Township 69 North, Range 43 West of the 5th P.M., Fremont County, Iowa, said parcel being more fully described as follows: Commencing at the West Quarter corner of said Section 4; thence S00 00 00" E along the West Line of said NW 1/4 SW 1/4 a distance of 338.63 feet to the point of beginning, thence continuing S00 00'00" E along said West Line a distance of 852.81 feet to the Southwest corner of said NW 1/4 SW 1/4; thence N89 48'12" E along the South Line of said NW 1/4 SW1/4 a distance of 416.86 feet; thence N00 00'00" E parallel with the West Line of said NW 1/4 SW 1/4 a distance of 855.07 feet, thence S86 29'34" W a distance of 416.87 feet to the point of beginning. Said parcel contains 8.17 acres, more or less, including presently established county road right-of-way.

And

The North 365 feet of Parcel A of the Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) of Section Four (4), Township Sixty-nine (69) North, Range Forty-three (43) East of the 5th P.M., Fremont County, Iowa.

Lease Description: A tract of land located in the Southwest Quarter of Section 4, Township 69 North, Range 43 West, Fremont County, Iowa, being more particularly described as follows: Commencing at the Northwest Corner of said Southwest Quarter; thence S01 07'16" West along the West Line of said Southwest Quarter a distance of 1100.01 feet; thence South 88 52'44" East leaving said West Line a distance of 326.86 feet to the Point of Beginning of the tract of land to be described; thence continuing South 88 52'44" East a distance of 60.00 feet; thence South 01 07'16" West a distance of 60.00 feet; thence North 88 52'44" West a distance of 60.00 feet; thence North 01 07'16" East a distance of 60.00 feet to the Point of Beginning, contains 3,000 square feet or 0.063 acres, more or less.

The owner of the special use facility is: AT & T Wireless, 118 South 19th Street, 6th Floor, Omaha, Nebraska 68102.

Date of issuance: 7-29-03.

/s/ Keith Hickey, Chairman
Board of Supervisors

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

July 31, 2003:

The Fremont County Board of Supervisors met in regular session on Thursday, July 31, 2003, in the Fremont County Courthouse, Boardroom, with Hickey, Aistrope and Larson present. A quorum was declared and the meeting officially called to order at 9:00 a.m. The agenda was approved as posted. Minutes of the previous Board session were read and approved.

At 9:00 a.m. General Assistance Director Janeth Winkler met with the Board to discuss county funding for substance abuse detoxification services. Fremont County has had an agreement in place with Jennie Edmundson Hospital for the past three years that provided county payment of hospital and doctor services for substance abuse detox. The agreement with Jennie Edmundson has expired and the new proposed agreement contains a substantial rate increase of 14% for 3 days and 20% for 5 days. Due to decreases in county revenue, the Board of Supervisors felt they could no longer fund non-mandated detox hospitalization costs at private hospitals. The County is still mandated to pay certain costs related to sheriff, attorney, and doctor fees.

Motion was made by Aistrope that effective July 31, 2003, Fremont County will no longer fund detoxification services for involuntary substance abuse commitments and will not sign the new agreement with Jennie Edmundson Hospital to provide such services. Larson, aye; Aistrope, aye; Hickey, aye. A letter will be sent to Jennie Edmundson Hospital.

Motion was made by Larson to approve the appointment of Patricia L. Martin as a deputy in the Treasurer's Office. Aistrope, aye; Larson, aye; Hickey, aye.

At 10:30 a.m. the bid opening was held for removal of two trees at 809 Ohio Street, Sidney. The following bids were received: Merrill Lang, $1300.00; Jack Rabbit Tree Service, $900.00. Motion was made by Aistrope to accept the low bid of $900.00 from Jack Rabbit Tree Service. Larson, aye; Aistrope, aye; Hickey, aye.

There being no further business, meeting was adjourned.

ATTEST:

Fremont County Auditor                                         Keith Hickey, Chairman

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